Chen Chen Hsu v. Superior Court of California, Alameda County, et al.
HabeasCorpus CriminalProcedure
Whether the Due Process Clause of the Fourteenth Amendment permits an extension of time to file a petition for writ of certiorari for a pro se litigant with documented severe mental illness
No question identified. : TABLE OF CONTENT 1, STATMENT OF FACT 2. TABLE OF CONTENT THE COURT IS AUTHORIZED TO GRANT THE EXTEND TIME TO FILE PETITION FOR WRIT OF CERTIORAR! 3. WHY THE APPLICATION SHOULD BE GRANTED 4, MENTAL ILLNESS AND HARDSHIP 5. CONCLUTION 5. PRYER 6. CERTIFICATION OF WORD COUND 7. CERTIFICATION OF PROOF OF SERVICE 6/21/2024, The petitioner Is filing this application requesting an extended time to file a petition for writ of Certiorari more than 10 days before the 90-day due date. The petitioner has attached a copy of the California Supreme Court’s 1/24/2023 decision denying a petition for review of the Order Summary denied the petition for writ of Mandate, the California first district court of appeal court’s Order Summary denied the petition for writ of mandate, and request for Stay Issued on 12/12/2023, the California Alameda County Superior Court Hayward Hall of Justice’ s 8/7/202 disolution of marriage Order. SEE ExhibitA 11/27/2023 Order dismiss default appeal THE COURT IS AUTHORIZED TO GRANT THE EXTEND TIME TO FILE PETITION FOR WRIT OF CERTIORARI The court Is authorized to grant the application an extended time fo file a petition for writ of Certiorari under Supreme Court rule 30.2, rule 30.3. and rule 13.5 when the application is filed 10 days before the 90-day deadline to file a petition for writ of Certlorari and for good cause. The California Supreme Court is the last court In which rellef can be sought In this case; therefore, this court has jurisdiction to entertain this case as the case has exhausted all possible remedies. WHY THE APPLICATION SHOULD BE GRANTED There are the fundamental Constitution of due process rights, 14" Amendment, Fourth Amendment, and Fifth Amendment, and fraud involved. There are important questions that need to the court to determine. MENTAL ILLNESS AND HARDSHIP The petitioner is a 68-year-old forma paupers’ woman with a high school GED and limited English. The petitioner has been diagnosed with major depression, severe anxiety, severe insomnia, delusional disorder, paranola, panic disorder, long term and short-term memory deficiency, and ADD. The petitioner was hospitalized 4 times for suicidal thoughts and attempted suicide. The petitioner was hospitalized for 8 years from 2012 to 2020 has been suffering from serious mental illness since the year 2000. The petitioner was ordered by the Superior court on 7/24/2023 for 14 days of involuntary treatment under section 5250 of the California Welfare and Institution Code, The Judgment states Major Depressive disorder with psychotic features, she also has thought that her husband'sattomey waildsendsomeone to kill her. Current suicidal thoughts are still high. The petitioner appealed and filed a petition for Habeas Corpus which was heard and denied on 7/27/2023. SEE Exhibit B The petitioner was at Stanford ER for 14 days of detention under Welfare and Institutions Code section 5250 by court order to deny the petition for habeas corpus from 7/21/23 to 8/3/23. 7/27/2023 Judgment denied petition for Habeas Corpus and Order for 14 days hold. 7/24/2023 Stanford statement to be read to patient. _ Adanger to self, High risk for suicide attempt because of very limited social support and recent stress of legal battle. Stanford Progress notes by Dr. Saxena, Pamika Prashastl, MBBS at 7/26/2023 paragraph 4 There Is concern that her belief that her husband's attorney has sent someone to harm her might be delusional in nature as it is similar to a delusion, she states she experienced years ago when she believed that her husband had sent someone to hurt her. Interestingly although she calls It paranoia and states it was treated, she has confirmed that she does not believe that to be untrue. Furthermore, the patient currently meets LPS hold criteria for DTSL, the psychotic nature of depression furthers the risk of recurrence in SI. Given the patient's acute psychiatric decompensation, despite outpatient follow-up, and inability to safely dis